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Factors That Elevate a Misdemeanor Domestic Violence Charge to Felony Aggravated Domestic Violence Offense

Aggravated Domestic Violence Charges

Aggravated domestic violence is a class 5 Felony in Arizona. “Aggravated” Domestic Violence charges are Misdemeanor charges that are elevated to Felony charges due to the charge being a repeat offense that occurred within 7 years of a prior conviction. A person may be guilty of Aggravated Domestic Violence charges under A.R.S. § 13.3601.02 for a repeat offense of misdemeanor domestic violence Domestic Violence Convictions when:

“A person commits a third or subsequent violation of domestic violence offense within 7 years (eighty four months).”

Aggravated Domestic Violence Sentencing and Penalties

I. First Aggravated Domestic Violence Offense in 7 Years:

Aggravated Domestic Violence charges may be charges beginning with Class 5 Felonies (least severe)l to Class 2 felonies (more severe); with most serious of all crimes Class 1 for Aggravated Domestic Assault which results in murder or homicide. Minimum Sentencing is for Class 5 convictions which expose a person to the following for the least severe Felony Domestic Violence Charges Class 5 Felony:

  • 1 to  4 years in prison;
  • $750 up to $150,000 in fines;
  • Education, Counseling Program;
  • Fees, Costs, Assessments, Restitution;
  • Community Service

Longer prison sentences and more harsh penalties may be ordered for Aggravated Domestic Violence offenses charged as Class 4, Class 3, Class 2, or the most severe Class 1. Depending on the seriousness and nature of the crime (s) long term  25 years to life imprisonment may be ordered; or in the event of murder or homicide the death penalty is reserved.

II. Second Aggravated Domestic Violence Offense in 7 Years:

A person convicted of two prior violations of a domestic violence offenses in the last 7 years (84 months), is not eligible for probation, pardon, suspension of sentence; reduction of sentencing; or release; on any other basis until the person has served a 4 month jail term.

III. Third Aggravated Domestic Violence Offense in 7 Years:

A person convicted of three or more domestic violence offenses convictions with the last 7 years (84 months) is not eligible for probation, pardon, suspension of sentence; reduction of sentencing; or release; on any other basis until the person has served an 8 months jail term.

Aggravated Domestic Violence Criminal Defense Attorney in Chandler, AZ

Domestic violence charges in Arizona are taken very seriously, especially if they result in injury to the victim, or they are raised to aggravated Domestic Violence charges in Chandler. All Aggravated Domestic violence convictions carry prison sentencing. If you face these types of charges you will need to retain experienced and qualified legal representation if you wish to defend the charges, or get any mitigated sentencing.

You will need to hire a good trial lawyer in Arizona that defends Domestic Violence charges on a regular basis. They will protect your rights; defend your charges; request suppression of unjustified evidence against you; obtain mitigating facts and evidence if available in your defense; and work to get you the best possible outcome in your case. Failure to retain effective assistance of defense counsel will usually result in maximum penalties under law.